Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 31 July 2026
Case Overview
- Parties: M/S Tarini Infrastructure Ltd (Applicant/Appellant) vs Gujarat Urja Vikas Nigam Ltd & Ors (Respondent).
- Reference: Miscellaneous Application No. of 2026 (Diary No. 44209 of 2026) arising from the impugned final judgment and order dated 21‑07‑2026 in Civil Appeals Nos. 8449‑8450 of 2026.
- Prayer in the application: Seek clarification that the issue of Capacity Utilization Factor (CUF) be remanded to the Gujarat Electricity Regulatory Commission (GERC) for fresh consideration based on nominal/actual parameters after a prudence check.
- Counsel for petitioner included Senior Advocate Mr. Sanjay Sen and others; no counsel listed for respondents.
- The Court heard the application on 31‑07‑2026 before Justices Pamidighantam Sri Narasimh and Alok Aradhe.
Court Findings & Directions
1. The Appellate Tribunal for Electricity (APTEL) has remitted the matter back to GERC for conducting a prudence check concerning:
a) Capacity cost of the project.
b) Higher cost for construction of the transmission line.
2. The issue of prudence check with respect to the Capacity Utilization Factor (CUF) is not to be adjudicated before GERC.
3. The Court expressly states that it has not expressed any opinion on the merits of the dispute; the substantive issues are to be taken up and disposed of by GERC.
4. The Miscellaneous Application is disposed of in terms of the signed order, and any pending applications, if any, shall also stand disposed of.
Final Outcome
- The clarification order remands the CUF issue to GERC for fresh consideration after prudence checks on capacity cost and transmission line cost, without the Court expressing any view on the merits. The Miscellaneous Application and any pending applications are dismissed.
Topics: Legal Clarification, Electricity Regulation, Capacity Utilization Factor